Sunday, June 27, 2010

Ind. Law - Another update on "Shoe camera man charged with voyeurism"

INDIANAPOLIS (WISH) - A man charged with videotaping up the skirts of girls and women at Castleton Square Mall is asking a judge to dismiss the charges. Prosecutors are calling David Delagrange a voyeur and have charged him with 10 counts of the crime along with four counts of attempted child exploitation and one misdemeanor count of resisting arrest.

But law experts say although secretly videotaping up people's skirts may seem very wrong to most, it's not a crime according to current state law. * * *

"Those charges would have to be dropped because quite simply a court would have to dismiss them because there's no basis for them," said Henry Karlson, a retired IU law professor.

According to Indiana statute, voyeurism is defined as peeping in a dwelling or dressing room. Videotaping up someone's skirt does not apply. And in court today, the prosecution conceded it doesn't have a voyeurism case and agreed to drop those charges.

But because four of the victims are children, prosecutors are also charging Delagrange with attempted child exploitation. Karlson believes those charges will be dismissed as well because he believes it's difficult to prove child exploitation unless the perpetrator is videotaping a child whose genitalia is exposed. Karlson argues videotaping a clothed child does not meet the definition of attempted child exploitation.

That means with the exception of a misdemeanor charge, there's a real possibility Delagrange could walk.

Commissioner Stan Krowe is hearing the case. He tells 24-hour news 8 that all 10 voyeurism charges will be dropped. The prosecution is fighting efforts to dismiss the attempted child exploitation charges. Krowe is expected to make a ruling on that part of the dismissal motion by June 25th.